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FIORITO BROS. v. DEPT. OF TRANSP.

No. 11138-1-II.

53 Wn. App. 876 (1989)

771 P.2d 1166

FIORITO BROS., INC., Appellant, v. THE DEPARTMENT OF TRANSPORTATION, Respondent.

The Court of Appeals of Washington, Division Two.

April 17, 1989.

Attorney(s) appearing for the Case

Richard M. Stanislaw, Mark A. Clausen, John S. Riper, and Stanislaw, Ashbaugh, Chism, Jacobson & Riper, for appellant.

Kenneth O. Eikenberry, Attorney General, Theodore O. Torve, Senior Assistant, and Charles F. Secrest, Assistant, for respondent.

WORSWICK, J.

Fiorito Brothers, Inc., appeals the trial court's refusal to allow prejudgment interest, after Fiorito recovered a substantial judgment against the State for extra work under a highway construction contract. The State cross-appeals, claiming error in the admission of certain evidence and in certain jury instructions. We affirm.

In August 1983, the State and Fiorito entered into a contract for reconstruction of a portion of the Spirit Lake highway...

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